HomeMy WebLinkAbout(1) 02/01/2022 REGULAR MEETING REGULAR MEETING — February 1, 2022 I. INVOCATION, PLEDGE & ROLL CALL Councilmember Jones gave the invocation followed with the pledge to the flag. The City Council of the City of Port Arthur met in Regular Session on Tuesday, February 1, 2022 at 9:41 a.m. in the City Council Chamber, City Hall, with the following members present: Mayor Thurman Bill Bartle; Mayor Pro Tem Donald Frank, Sr.; Councilmembers Ingrid Holmes, Cal Jones, Thomas Kinlaw, III. and Charlotte Moses; City Manager Ron Burton; City Secretary Sherri Bellard; City Attorney Valecia R. Tizeno and Sergeant At Arms Police Chief Tim Duriso. Councilmember Kenneth Marks was absent from the Regular Meeting. II. PROCLAMATIONS — None III. PETITIONS & COMMUNICATIONS A. Speakers (1) Terrance Prevost Regarding Historic Home Restoration Of A Cottage Built In 1910 Located At 2525 4th Street Not present. (2) Clarence F. Mitchell Regarding Ecotourism And Enterprise Zone Tax Credit Not present. (3) James Thornton Regarding The Community Of Port Arthur James Thornton, 4416 Rolling Rock, appeared before the City Council to discuss the above-mentioned topic. (4) Theron Tate Regarding The Potential Disannexation Of Land Located Near Brai Drive Theron Tate, 8937 5th Street, appeared before the City Council to discuss the above- mentioned topic. B. Presentations (1) A Presentation By City Attorney, Val Tizeno and Attorney Gunnar Seaquist Of Bickerstaff Heath Delgado Acosta, LLP Regarding The 2020 Census Redistricting Process Gunnar Seaquist I Partner I Bickerstaff Heath Delgado Acosta LLP, gave the above- mentioned presentation. (2) A Presentation By Allen Sims Of The Jefferson County Drainage District No. 7 Regarding The Port Arthur Project Drainage District Engineer Allen Sims gave the above-mentioned presentation. (3) A Presentation By Charles Wheeler Of The U.S. Army Corps Of Engineers Regarding The Port Arthur Project Project Engineer Corps of Engineers Galveston District Charles Wheeler gave the above- mentioned presentation. (4) A Presentation By Staff Regarding The December Financial Report And Quarterly Investment Report Finance Director Kandy Daniel gave the above-mentioned presentation. C. Employee Recognition — None D. Correspondence — None E. Discussion — None IV. PUBLIC HEARING(S) — None V. REPORTS / ITEMS OF COMMUNITY INTEREST (LIMITED TO A TOTAL OF TWO (2) MINUTES PER COUNCILMEMBER) None. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (16) P.R. No. 22348 — A Resolution Of The City Council Of The City Of Port Arthur, Texas Adopting Guidelines For Persons Submitting Specific Redistricting Proposals And Providing Comments For The 2021 Redistricting Process The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Mayor Pro Tem Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 22348 was adopted becoming Resolution No. 22-030. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-030 reads as follows: RESOLUTION NO. 22-030 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS ADOPTING GUIDELINES FOR PERSONS SUBMITTING SPECIFIC REDISTRICTING PROPOSALS AND PROVIDING COMMENTS FOR THE 2021 REDISTRICTING PROCESS City Council Minutes Regular Meeting — February 1, 2022 2 Consent - Resolutions (17) P.R. No. 22349 — A Resolution Of The City Council Of The City Of Port Arthur, Texas Adopting Criteria For Use In Redistricting The City Based On The 2020 Census The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Jones and carried, Proposed Resolution No. 22349 was adopted becoming Resolution No. 22-031. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-031 reads as follows: RESOLUTION NO. 22-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS ADOPTING CRITERIA FOR USE IN REDISTRICTING THE CITY BASED ON THE 2020 CENSUS VI. UNFINISHED BUSINESS A. Travel Request/Expense Reports Request For Pre-Approval Of Travel Pursuant To 78-269 (b) (8) Of The Code Of Ordinances Of The City Of Port Arthur (Ordinance No. 18-63) (A1) Mayor Thurman Bartie: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,802.01 (A2) Mayor Pro Tem Donald Frank: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A3) Councilmember Ingrid Holmes: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A4) Councilmember Cal Jones: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,816.00 (A5) Councilmember Thomas Kinlaw: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A6) Councilmember Kenneth Marks: City Council Minutes Regular Meeting — February 1, 2022 3 Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 (A7) Councilmember Charlotte Moses: Texas Economic Development Council Round Rock, TX February 21 —25, 2022 $1,778.76 The Mayor introduced the above-mentioned Proposed Items. Upon the motion of Councilmember Moses, seconded by Mayor Pro Tern Frank and carried, Items Al — A7 were adopted. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Jones, Kinlaw and Moses. Voting No: None. B. Resolutions (1) P.R. No. 22315 — A Resolution Authorizing The Execution Of An Agreement For Independent Professional Services With Dr. Albert T. Thigpen As It Pertains To Serving As A Third-Party Facilitator Pursuant To Section 78-103 (b) Of The Code Of Ordinances; Funding Available In Account Number 001-01-003-5420-00-10-000 The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Moses that Proposed Resolution No. 22315 be adopted. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Moses that Proposed Resolution No. 22315 be amended by adding the following terms of the contract: The term of the contract shall be for 30 days at an hourly rate of $125.00 with an amount not to exceed $5,000.00 The motion to amend Proposed Resolution No. 22315 carried unanimously. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Jones, Kinlaw and Moses. Voting No: None. Proposed Resolution No. 22315 was adopted, as amended, becoming Resolution No. 22-032 The caption of Resolution No. 22-032 reads as follows: RESOLUTION NO. 22-032 A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR INDEPENDENT PROFESSIONAL SERVICES WITH DR. ALBERT T. THIGPEN AS IT PERTAINS TO SERVING AS A THIRD-PARTY City Council Minutes Regular Meeting — February 1, 2022 4 FACILITATOR PURSUANT TO SECTION 78-103 (B) OF THE CODE OF ORDINANCES; FUNDING AVAILABLE IN ACCOUNT NUMBER 001-01- 003-5420-00-10-000 C. Ordinances (1) P.O. No. 7032 — An Ordinance Amending Chapter 78 Of The Code Of Ordinances Of The City Of Port Arthur By Adding Article IV: An Addendum As It Pertains To The Port Arthur Section 4A Economic Development Corporation's Grievance Process For Complaints Of Harassment And Appeals Of Discipline The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7032 was adopted becoming Ordinance No. 22-07. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Ordinance No. 22-07 reads as follows: ORDINANCE NO. 22-07 AN ORDINANCE AMENDING CHAPTER 78 OF THE CODE OF ORDINANCES OF THE CITY OF PORT ARTHUR BY ADDING ARTICLE IV: AN ADDENDUM AS IT PERTAINS TO THE PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION'S GRIEVANCE PROCESS FOR COMPLAINTS OF HARASSMENT AND APPEALS OF DISCIPLINE VII. CONSENT AGENDA Upon the motion of Councilmember Moses, seconded by Councilmember Kinlaw and carried, the following Consent Agenda items were adopted with the exception of Proposed Resolutions No. 22303 and 22320: Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. A. Travel Request/Expense Reports — None B. Minutes January 11, 2022 Regular Meeting January 18, 2022 Special Meeting Executive Session January 18, 2022 Regular Meeting January 25, 2022 City Council & EDC Joint Special Meeting C. Resolutions City Council Minutes Regular Meeting — February 1, 2022 5 (1) P.R. No. 22156 — A Resolution Authorizing The City Manager To Apply For Fiscal Year 2022 Law Enforcement Terrorism Prevention Activity Program (LETPA) Funding With No Grant Match Requirement Proposed Resolution No. 22156 was adopted becoming Resolution No. 22-033. (2) P.R. No. 22278 — A Resolution Ratifying Change Order No. 1 To The Contract With AAR, Inc. (Group A), As It Pertains To The Removal Of Two Commercial Properties From The Demolition List, Thereby Decreasing The Contract Amount By $23,950.00 To A New Total Of $41,200.00; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) Proposed Resolution No. 22278 was adopted becoming Resolution No. 22-034. (3) P.R. No. 22279 — A Resolution Ratifying Change Order No. 1 To The Contract With AAR, Inc. (Group B), As It Pertains To The Removal Of One Commercial Property From The Demolition List, Thereby Decreasing The Contract Amount By $5,900.00 To A New Total Of $48,200.00; Account No. 001-13-035-5470-00-10-000 (General Fund-Other Contractual Service) Proposed Resolution No. 22279 was adopted becoming Resolution No. 22-035. (4) P.R. No. 22285 — A Resolution Awarding A Contract To Straight Line Services Of Buna, Texas In The Amount Of $34,667.20 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures With Transite (Group C-T) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470- 00-10-000 (General Fund-Other Contractual Service) Proposed Resolution No. 22285 was adopted becoming Resolution No. 22-036. (5) P.R. No. 22287 — A Resolution Awarding A Contract To Straight Line Services, Of Buna, Texas, In The Amount Of $25,097.20 And Authorizing The Execution Of A Contract By The City Manager For Demolition Of Six (6) Residential Structures With Transite (Group A-T) Located Throughout The City, To Be Charged To Account No. 001-13-035-5470- 00-10-000 (General Fund-Other Contractual Service) Proposed Resolution No. 22287 was adopted becoming Resolution No. 22-037. (6) P.R. No. 22300 — A Resolution Authorizing The Calling Of A Public Hearing On February 15, 2022 At 6:00 PM To Consider Whether Or Not To Issue A Major Pipeline Permit To G.T. Logistics, LLC Of San Antonio, Texas For The Installation Of A Twenty Inch (20") Gasoline Pipeline And Four Inch (4") Fiber Optics Conduit Within The Corporate Limits Of The City Of Port Arthur, Jefferson County Texas Proposed Resolution No. 22300 was adopted becoming Resolution No. 22-038. City Council Minutes Regular Meeting — February 1, 2022 6 (8) P.R. No. 22317 — A Resolution Authorizing The City Manager To Enter Into An Agreement With South East Texas Lawn & Maintenance Of Beaumont, Texas For Grass Cutting Services At The Civic Center Department Buildings With A Projected Budgetary Impact Of $51,660.00 Per Year. Funding Available In Civic Center Account Number 001-15-043- 5311-00-20-000 Proposed Resolution No. 22317 was adopted becoming Resolution No. 22-039. (10) P.R. No. 22327 — A Resolution Authorizing The City Manager To Enter Into A Contract With Preferred Facilities Group Of Beaumont, Texas For The Repairs To Lakeside Park, Mosley Pool, County Park, Cecil Reynolds Park And Lions Park In A Total Amount Not To Exceed $79,909.92; Funding Available In Capital Account No. LAUR25-GRE-EQM & LAUR-GRE-BUM Proposed Resolution No. 22327 was adopted becoming Resolution No. 22-040. (11) P.R. No. 22330 — A Resolution Ratifying An Interlocal Contract With The City Of Beaumont, Jefferson County, Hardin County, Orange County, And Jasper County To Secure Grant Funding From The State Of Texas Automobile Theft Prevention Authority For Operation Of The Southeast Texas Auto Theft Task Force Proposed Resolution No. 22330 was adopted becoming Resolution No. 22-041. (12) P.R. No. 22332 — A Resolution Authorizing The City Manager To Amend The Sludge Dewatering Contract With Sprint Waste Of Texas, LP Of Port Arthur, Texas, Increasing The Original Contact Amount By $10,777.76 To A New Total Not To Exceed Amount Of $90,777.76; Funding Available In Account No. 410-40-225-5470-00-00-000, Other Contractual Services Proposed Resolution No. 22332 was adopted becoming Resolution No. 22-042. (13) P.R. No. 22333 — A Resolution Requesting Approval Of Port Arthur Transit's Updated Title VI Program For The Period Of 2021 — 2024 As Required By The Federal Transit Administration (FTA) Regarding Policies And Procedures As Outlined In The Civil Service Act Of 1964 Proposed Resolution No. 22333 was adopted becoming Resolution No. 22-043. (14) P.R. No. 22342 — A Resolution Authorizing The Third Year And Final Renewal Of The Contract Between The City Of Port Arthur Section 4A Economic Development Corporation And Frey's Landscape Of Orange, Texas For Landscaping And Irrigation Maintenance At The Spur 93 Business Park With A Budgetary Impact Of $57,295.00; PAEDC Funding Account No. 120-80-625-5479-00-00-000 Proposed Resolution No. 22342 was adopted becoming Resolution No. 22-044. (15) P.R. No. 22345 — A Resolution Authorizing The City Manager To Execute A Contract With City Fence Company Of Port Arthur, Texas For The Construction Of A Commercial Grade City Council Minutes Regular Meeting — February 1, 2022 7 Chain Link Fence In The Not To Exceed Amount Of $30,500.00 Pursuant To Cause No. B-176,606; William Worsham V. City Of Port Arthur. Funding Available In General Liability Fund - Claims And Settlement Expense Account No. 612-11-025-5416-00-00-000 Proposed Resolution No. 22345 was adopted becoming Resolution No. 22-045. (18) P.R. No. 22351 — A Resolution Authorizing The City Manager To Execute A One Year Contract With BioPURE Houston East Belt Of Friendswood, Texas For The Sanitizing Of City Buildings To Prevent The Spread Of The Coronavirus, With A Projected Budgetary Impact Amount Of $40,000.00; Funding Is Available In Account Number 001-21-059-5312- 00-70-000 Proposed Resolution No. 22351 was adopted becoming Resolution No. 22-046. (19) P.R. No. 22352 — A Resolution Authorizing The City Of Port Arthur To Participate In The Texas Water Development Board's (TWDB) CFO To Go Program For The Purpose Of Providing Consulting Services For The City At No Cost Proposed Resolution No. 22352 was adopted becoming Resolution No. 22-047. (20) P.R. No. 22354 — A Resolution Authorizing The City Manager To Enter Into A One Year Professional Services Agreement With Warren Environmental Of Village Mills, Texas, For Consulting Services Relating To Environmental Programs For Water And Wastewater Operations With A Total Projected Budgetary Amount Of $24,950.00. Funding Is Available In The Water Utilities Account No. 410-40-200- 5420-00-00-000, Professional Services Proposed Resolution No. 22354 was adopted becoming Resolution No. 22-048. (21) P.R. No. 22355 — A Resolution Authorizing The City Manager To Execute A One Year Contract With Tri-Con, Inc. Of Beaumont, Texas For The Purchase Of Dyed, Off-Road Diesel For Public Works, Pleasure Island And Utility Operation Departments, With An Annual Projected Budgetary Impact Amount Of $150,000.00. Funds Available In Fuel Accounts 001-21-055-5230-00-70-00 (Drainage); 403-50-320-5230-00-00-00 (Landfill); 450-60-410-5230- 00-00-000 (Pleasure Island); 410-40-210-5230-00-00-000; 410-40-215-5230-00-00-000; 410-40-220-5230-00-00- 000; And 410-40-225-5230-00-00-000 (Utility Services) Proposed Resolution No. 22355 was adopted becoming Resolution No. 22-049. (22) P.R. No. 22356 — A Resolution Authorizing The City Manager To Execute A One Year Contract With Patriot Security EOC Of Nederland, Texas For Security Guard Services For City Hall And City Hall Annex In The Projected Budgetary Impact Amount Of $90,000.00, Funds Available In Account No. 001- 21-059-5470-00-70-00 Proposed Resolution No. 22356 was adopted becoming Resolution No. 22-050. City Council Minutes Regular Meeting — February 1, 2022 8 (23) P.R. No. 22361 — A Resolution Authorizing The City Manager To Amend The Professional Services Contract With Weaver And Tidwell, LLP, For Auditing Services, Increasing The Contract By $77,000.00 To A New Contract Amount Not To Exceed $243,000.00; Funding Is Available In The Finance Department Professional Services Account #001-07-015- 5420-00-10-000. Proposed Resolution No. 22361 was adopted becoming Resolution No. 22-051. (24) P.R. No. 22364 — A Resolution Amending Resolution No. 21- 525, As It Pertains To The Purchase Of A Finn T120 Hydro- Seeder From Romco Paving Equipment Of Houston, Texas, Through BuyBoard Contract No. 597-19, Increasing The Amount By $8,930.00 To A New Total Not To Exceed Amount Of $83,249.00; Funding Is Available In The Capital Reserve Account No. 625-50-000-8520-00-00-000 Proposed Resolution No. 22364 was adopted becoming Resolution No. 22-052. (25) P.R. No. 22365 — A Resolution Authorizing The City Manager To Purchase One (1) BOMAG Asphalt Paver For The Streets Division From R. B. Everett & Company Of Pasadena, Texas, Through The BuyBoard Cooperative Purchasing Program, Contract No. 597-19, With A Total Projected Budgetary Impact Amount Of $442,164.00. Funding Is Available From Account Nos. 625-21-000-8523-00-00-000 Proposed Resolution No. 22365 was adopted becoming Resolution No. 22-053. VIII. ITEMS REQUIRING INDIVIDUAL ACTION — NON-CONSENT Consent - Resolutions (7) P.R. No. 22303 — A Resolution Authorizing The Execution Of Contracts For The Purchase Of Water And Wastewater Treatment Chemicals For The Water Utilities Department With Napco Chemical, Univar Solutions USA, Inc., DXI Industries, Inc., Airgas Specialty Products, Inc., Tanner Industries, Inc., Pencco, Inc., And Carus, LLC With A Projected Budgetary Impact Of $1,029,748.80. Budgeted Funds Are Available In Water Purification And Wastewater Treatment Divisions Account Numbers 410-40-210-5217- 00-00-000 & 410-40-225-5217-00-00-000, Treatment Chemicals The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Mayor Pro Tem Frank that Proposed Resolution No. 22303 be adopted. Consultant Dr. Hani Tohme and Mr. Matthews appeared before the City Council to answer inquiries regarding the above-mentioned topic. Voting Yes: Mayor Bartie; Mayor Pro Tem Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. City Council Minutes Regular Meeting — February 1, 2022 9 Proposed Resolution No. 22303 was adopted becoming Resolution No. 22-054. The caption of Resolution No. 22-054 reads as follows: RESOLUTION NO. 22-054 A RESOLUTION AUTHORIZING THE EXECUTION OF CONTRACTS FOR THE PURCHASE OF WATER AND WASTEWATER TREATMENT CHEMICALS FOR THE WATER UTILITIES DEPARTMENT WITH NAPCO CHEMICAL, UNIVAR SOLUTIONS USA, INC., DXI INDUSTRIES, INC., AIRGAS SPECIALTY PRODUCTS, INC., TANNER INDUSTRIES, INC., PENCCO, INC., AND CARUS, LLC WITH A PROJECTED BUDGETARY IMPACT OF $1,029,748.80. BUDGETED FUNDS ARE AVAILABLE IN WATER PURIFICATION AND WASTEWATER TREATMENT DIVISIONS ACCOUNT NUMBERS 410-40-210-5217-00-00- 000 & 410-40-225-5217-00-00-000, TREATMENT CHEMICALS (9) P.R. No. 22320 — A Resolution Authorizing The City Manager To Execute A Contract With Coastal Netting Systems Of Bakersfield, California For The Purchase Of Litter Fences In The Not To Exceed Amount Of $106,000.00 For The City's Landfill. Funding Is Available In The Landfill Equipment Account Number 403-50-320-8522-00-00-000 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22320 was adopted becoming Resolution No. 22-055. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-055 reads as follows: RESOLUTION NO. 22-055 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH COASTAL NETTING SYSTEMS OF BAKERSFIELD, CALIFORNIA FOR THE PURCHASE OF LITTER FENCES IN THE NOT TO EXCEED AMOUNT OF $106,000.00 FOR THE CITY'S LANDFILL. FUNDING IS AVAILABLE IN THE LANDFILL EQUIPMENT ACCOUNT NUMBER 403-50-320- 8522-00-00-000 A. Resolutions (1) P.R. No. 21953 — A Resolution Authorizing The City Of Port Arthur Section 4A Economic Development Corporation To Enter Into An Amended Commercial Lease Agreement With City Council Minutes Regular Meeting — February 1, 2022 10 The City Of Port Arthur For An Emergency Operations Center At 549 4th Street (The Press Building) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Moses that Proposed Resolution No. 21953 be adopted. The motion was made by Mayor Pro Tern Frank and seconded by Councilmember Moses that Proposed Resolution No. 21953 be amended by adding the following stipulations set forth by the City Attorney: Removing The Language To Enter Into An Amended Commercial Lease Agreement And Replacing It With To Enter Into A 12 Month Commercial Lease Agreement In The Total Amount Of $133,000.00 Contingent Upon The Passage Of Proposed Ordinance No. 7035. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. Proposed Resolution No. 21953 was adopted, as amended, becoming Resolution No. 22-056. The caption of Resolution No. 22-056 reads as follows: RESOLUTION NO. 22-056 A RESOLUTION AUTHORIZING THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION TO ENTER INTO A COMMERCIAL LEASE AGREEMENT WITH THE CITY OF PORT ARTHUR FOR AN EMERGENCY OPERATIONS CENTER AT 549 4TH STREET (THE PRESS BUILDING) (2) P.R. No. 22000 — A Resolution Authorizing The City Manager To Enter Into An Emergency Services Contract With BFI Waste Systems Of Texas, LP DBA Republic Services Of Beaumont, Texas, For Residential Refuse Collection Services In The Not To Exceed Amount Of $145,000.00; Funding Available In Account No. 169-07- 015-5401-00-00-000, Project No. ARP010-GRE-RNT The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22000 was adopted becoming Resolution No. 22-057. Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-057 reads as follows: City Council Minutes Regular Meeting — February 1, 2022 11 RESOLUTION NO. 22-057 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EMERGENCY SERVICES CONTRACT WITH BFI WASTE SYSTEMS OF TEXAS, LP DBA REPUBLIC SERVICES OF BEAUMONT, TEXAS, FOR RESIDENTIAL REFUSE COLLECTION SERVICES IN THE NOT TO EXCEED AMOUNT OF $145,000.00; FUNDING AVAILABLE IN ACCOUNT NO. 169-07-015-5401-00-00-000, PROJECT NO. ARP010-GRE-RNT A. Ordinances (3) P.O. No. 7035 — An Appropriation Ordinance Amending The City Of Port Arthur Budget For The Fiscal Year Beginning October 1, 2021 And Ending September 30, 2022 By $16,392.00 For The General Fund The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Holmes and carried, Proposed Ordinance No. 7035 was adopted becoming Ordinance No. 22-08. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Ordinance No. 22-08 reads as follows: ORDINANCE NO. 22-08 AN APPROPRIATION ORDINANCE AMENDING THE CITY OF PORT ARTHUR BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022 BY $16,392.00 FOR THE GENERAL FUND (3) P.R. No. 22018 — A Resolution Authorizing The City Manager To Enter Into An Emergency Services Contract With Premier Truck Sales & Rental, Inc. Of Cleveland, Ohio, For The Rental Of Two Garbage Trucks In The Not To Exceed Amount Of $31,000.00. Funding Is Available In ARPA Account No. 169-07-015-5401-00-40-000, Project No. ARP010-GRE-RNT The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried Proposed Resolution No. 22018 was adopted becoming Resolution No. 22-058. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-058 reads as follows: City Council Minutes Regular Meeting — February 1, 2022 12 RESOLUTION NO. 22-058 A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AN EMERGENCY SERVICES CONTRACT WITH PREMIER TRUCK SALES & RENTAL, INC. OF CLEVELAND, OHIO, FOR THE RENTAL OF TWO GARBAGE TRUCKS IN THE NOT TO EXCEED AMOUNT OF $31,000.00. FUNDING IS AVAILABLE IN ARPA ACCOUNT NO. 169-07-015-5401-00-40-000, PROJECT NO. ARP010-GRE-RNT (4) P.R. No. 22340 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Haulin Gas, LLC In An Amount Not To Exceed $490,516.00; Funds Available In EDC Account No. 120-80- 625-5478-00-00-000 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22340 was adopted becoming Resolution No. 22-059. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-059 reads as follows: RESOLUTION NO. 22-059 A RESOLUTION APPROVING AN ECONOMIC INCENTIVE CONTRACT & LOAN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND HAULIN GAS, LLC IN AN AMOUNT NOT TO EXCEED $490,516.00; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625- 5478-00-00-000 (5) P.R. No. 22341 — A Resolution Approving An Economic Development Conditional Grant Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And PARC Enterprises, Inc., D/B/A Script Care Pharmacy Of Texas For An Amount Not To Exceed $157,130.00; Funds Available In EDC Account No. 120-80- 625-5478-00-00-000 The Mayor introduced the above-mentioned Proposed Resolution. Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, Proposed Resolution No. 22341 was adopted becoming Resolution No. 22-060. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. City Council Minutes Regular Meeting — February 1, 2022 13 Voting No: None. The caption of Resolution No. 22-060 reads as follows: RESOLUTION NO. 22-060 A RESOLUTION APPROVING AN ECONOMIC DEVELOPMENT CONDITIONAL GRANT AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND PARC ENTERPRISES, INC., D/B/A SCRIPT CARE PHARMACY OF TEXAS FOR AN AMOUNT NOT TO EXCEED $157,130.00; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80-625-5478-00-00- 000 (4) P.R. No. 22340 — A Resolution Approving An Economic Incentive Contract & Loan Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And Haulin Gas, LLC In An Amount Not To Exceed $490,516.00; Funds Available In EDC Account No. 120-80- 625-5478-00-00-000 The Mayor brought Proposed Resolution No. 22340 back to the table to correctly state the not to exceed amount to be $490,516.00 that had been incorrectly stated previously. Upon the motion of Councilmember Kinlaw, seconded by Councilmember Holmes and carried, Proposed Resolution No. 22340 was adopted, with the correct amount stated for the record, becoming Resolution No. 22-059. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-059 reads as follows: RESOLUTION NO. 22-059 A RESOLUTION APPROVING AN ECONOMIC INCENTIVE CONTRACT & LOAN AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND HAULIN GAS, LLC IN AN AMOUNT NOT TO EXCEED $490,516.00; FUNDS AVAILABLE IN EDC ACCOUNT NO. 120-80- 625-5478-00-00-000 (6) P.R. No. 22344 — A Resolution Amending Resolution No. 19-526 As It Pertains To A Purchase Agreement Between The City Of Port Arthur Section 4A Economic Development Corporation And NDC Housing And Economic Development Corporation, Inc., A New York Corporation For Property Located At 4th Street Between Mobile And Shreveport Avenues The Mayor introduced the above-mentioned Proposed Resolution. City Council Minutes Regular Meeting — February 1, 2022 14 Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Moses and carried, Proposed Resolution No. 22344 was adopted becoming Resolution No. 22-061. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Resolution No. 22-061 reads as follows: RESOLUTION NO. 22-061 A RESOLUTION AMENDING RESOLUTION NO. 19-526 AS IT PERTAINS TO A PURCHASE AGREEMENT BETWEEN THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION AND NDC HOUSING AND ECONOMIC DEVELOPMENT CORPORATION, INC., A NEW YORK CORPORATION FOR PROPERTY LOCATED AT 4TH STREET BETWEEN MOBILE AND SHREVEPORT AVENUES (7) P.R. No. 22370 — A Resolution Appointing And/Or Reappointing A Director Or Directors To The City Of Port Arthur Section 4A Economic Development Corporation (Requested By Councilmember Moses) The Mayor introduced the above-mentioned Proposed Resolution. The motion was made by Councilmember Moses and seconded by Councilmember Holmes that Proposed Resolution No. 22370 be adopted. Councilmember Moses nominated Harold Doucet, Sr. for appointment to the EDC Board of Directors Voting Yes: Mayor Bartle; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. Proposed Resolution No. 22370 was adopted becoming Resolution No. 22-062. The caption of Resolution No. 22-062 reads as follows: RESOLUTION NO. 22-062 A RESOLUTION APPOINTING AND/OR REAPPOINTING A DIRECTOR OR DIRECTORS TO THE CITY OF PORT ARTHUR SECTION 4A ECONOMIC DEVELOPMENT CORPORATION (REQUESTED BY COUNCILMEMBER MOSES) A. Ordinances (1) P.O. No. 7029 — An Ordinance Granting To CenterPoint Energy Resources Corp., DBA CenterPoint Energy Texas Gas Operations, The Right, Privilege And Franchise To Construct, Install, Extend, Remove, Replace, Abandon, City Council Minutes Regular Meeting — February 1, 2022 15 Operate And Maintain Its Facilities Within The Public Rights-Of-Way Of The City Of Port Arthur, Texas For The Transportation, Delivery, Sale And Distribution Of Natural Gas; Containing Other Provisions Relating To The Foregoing Subject; Providing For Severability And Providing An Effective Date The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Councilmember Holmes, seconded by Councilmember Kinlaw and carried, Proposed Ordinance No. 7029 was adopted becoming Ordinance No. 22-09. Voting Yes: Mayor Bartle; Mayor Pro Tem Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Ordinance No. 22-09 reads as follows: ORDINANCE NO. 22-09 AN ORDINANCE GRANTING TO CENTERPOINT ENERGY RESOURCES CORP., DBA CENTERPOINT ENERGY TEXAS GAS OPERATIONS, THE RIGHT, PRIVILEGE AND FRANCHISE TO CONSTRUCT, INSTALL, EXTEND, REMOVE, REPLACE, ABANDON, OPERATE AND MAINTAIN ITS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF PORT ARTHUR, TEXAS FOR THE TRANSPORTATION, DELIVERY, SALE AND DISTRIBUTION OF NATURAL GAS; CONTAINING OTHER PROVISIONS RELATING TO THE FOREGOING SUBJECT; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (2) P.O. No. 7034 — An Ordinance Authorizing The Execution Of A Special Warranty Deed To Andy Green And Joyce Green, As It Pertains To The Property Located At 580 Pleasure Pier Boulevard; Legally Described As Unit 318, Building "B", Phase II, Pleasure Island Sea Cabins The Mayor introduced the above-mentioned Proposed Ordinance. Upon the motion of Mayor Pro Tern Frank, seconded by Councilmember Moses and carried, Proposed Ordinance No. 7034 was adopted becoming Ordinance No. 22-10. Voting Yes: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses. Voting No: None. The caption of Ordinance No. 22-10 reads as follows: ORDINANCE NO. 22-10 AN ORDINANCE AUTHORIZING THE EXECUTION OF A SPECIAL WARRANTY DEED City Council Minutes Regular Meeting — February 1, 2022 16 TO ANDY GREEN AND JOYCE GREEN, AS IT PERTAINS TO THE PROPERTY LOCATED AT 580 PLEASURE PIER BOULEVARD; LEGALLY DESCRIBED AS UNIT 318, BUILDING "B", PHASE II, PLEASURE ISLAND SEA CABINS IX. *CLOSED MEETING (EXECUTIVE MEETING) Closed Meeting: (1) Section 551.071 Government Code — Attorney Client Privilege- To Discuss A Matter In Which The Duty Of The Attorney To The Governmental Body Under The Texas Disciplinary Rules Of Professional Conduct Of The State Bar Of Texas Clearly Conflicts With The Open Meetings Act (2) Section 551.071 Government Code — To Discuss And Receive Legal Advice From The City Attorney Regarding Potential And/Or Pending Litigation And Other Legal Matters Involving The City Of Port Arthur (3) Section 551.072 Government Code — To Discuss Or Deliberate The Purchase, Exchange, Lease, Or Value Of Real Property Within The City Limits And Extraterritorial Jurisdiction (ETJ)/Industrial District of Port Arthur (4) Section 551.074 Government Code — To Discuss The Duties And Responsibilities Of The City Attorney, City Manager, And City Secretary (Requested By Councilmember Jones) (5) Section 551.087 Government Code — To Discuss Economic Incentives For Commercial, Residential, And/Or Industrial Business Prospect (Artistic Design Welding & Fabrication) The City Council recessed their meeting at 12:15 p.m. to meet in Executive Session to consider the above-mentioned topics and reconvened their meeting at 1:50 p.m. with the following members present: Mayor Bartie; Mayor Pro Tern Frank; Councilmembers Holmes, Kinlaw and Moses; City Manager Burton; City Secretary Bellard; City Attorney Tizeno and Sergeant At Arms Chief Duriso. X. ADJOURNMENT OF MEETING Upon the motion by Councilmember Moses, seconded by Councilmember Holmes and carried unanimously, the City Council adjourned their meeting at 1:51 p.m. An audio-tape of this meeting is on file in the office of the City Secretary and is made a part of the official minutes of this meeting. MAYOR THURMAN "BILL" BARTIE ATTEST: CITY SECRETARY SHERRI BELLARD City Council Minutes Regular Meeting — February 1, 2022 17 END OF REGULAR MEETING HELD February 1, 2022 APPROVED: . City Council Minutes Regular Meeting — February 1, 2022 18